The Structure and Function of Legislatures

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1 The Structure and Function of Legislatures

2 Objectives to understand key concepts to examine the functions of legislatures to explore different models of representation to discuss key definitions in small groups after plenary

3 Concepts relevant to legislatures in appendix for discussion in small groups government opposition cabinet majority government minority government coalition government party discipline

4 Parliament as the talking place the legislature is Ontario s parliament parliament comes from French verb parler -- to talk makes decisions on behalf of all Ontarians

5 Parliament as the talking place how does a legislature talk? debate, deliberate and decide what does our legislature talk about? municipal, provincial, national and international issues structures the public conversation who talks? government vs. opposition government through cabinet

6 The provincial legislature as the Speaker sees it Opposition Government Cabinet

7 Legislative Assembly of Nunavut Cabinet Speaker Regular Members

8 Legislative Assembly of the Northwest Territories Cabinet Speaker Regular Members

9 The German legislature (Bundestag) SPD Party Section CDU/CSP Party Section

10 Functions of legislatures Hold the government accountable Provide different views Pass laws Represent us

11 Functions of legislatures Hold the government accountable

12 Functions of legislatures Hold the government accountable collective accountability cabinet as a whole individual accountability each minister individually keep government honest

13 Tools of accountability Question Period votes of non-confidence media scrums debates committee system Officers of the Legislature Auditor General, Ombudsman, Integrity Commissioner

14 Functions of legislatures Hold the government accountable Provide different views

15 Functions of legislatures Provide different views provide a government in waiting offer alternative policies to government prime the pump of public debate

16 Functions of legislatures Hold the government accountable Provide different views Pass laws

17 Functions of legislatures Pass laws parliament rarely initiates laws, cabinet almost always does if government has a majority it is rarely constrained by the legislature. Why?

18 The predominance of majority governments Number of majority governments in Ontario

19 The importance of the lawmaking function to scrutinize laws to hold a public debate to confer legitimacy

20 Factors that shape legislative discussion and debate party discipline cabinet solidarity mass media shape public conversation

21 Functions of legislatures Hold the government accountable Provide different views Pass laws Represent us

22 Representation legislatures represent us who are we? women, men, region, religion, class, ideology, party? legislatures can privilege different kinds of representation

23 Different kinds of representation Representative as agent Representative as person reflective of a part of the population

24 Representation in legislatures Representative as elected official geographic ideological party based representative sample of the population (or mirror representation) combination of above

25 How should our representatives behave? representative as trustee decision-making based on wisdom representative as delegate delegate of party delegate of constituency

26 Conclusion legislatures perform an essential role in society how they perform their functions is important therefore, those things that affect the way legislatures function are important

27 Legislatures matter to electoral systems and vice versa Each of the legislature s functions is partially a consequence of electoral systems through different chances for alternatives to be heard differing abilities to pass laws different kinds of accountability different kinds of representation

28 Questions to ponder... What kind of representation is important? depends on what we value a local or regional representative different ideological views more parties or fewer parties reflective of the population

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